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FOURTEENTH CONGRESS OF THE REPUBLIC }
OF THE PHILIPPINES
1
Second Regular Session
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COMMITTEE REPORT NO. .
Submitted jointly by
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on Local Government and Public Order and Illegal
8fCC1mmittees
2 2008
Proposed Senate Resolution No. 190.
Recommending the adoption of the recommendations and the approval of the attached
bill, Senate Bill No. 2‘:: 7 8 , containing the recommendations of the Committees,
Sponsors : Senators Aquino 111 and Honasan II.
MR. PRESIDENT:
The Committees on Local Government and on Public Order and Illegal Drugs to
which was referred Proposed Senate Resolution No. 190, introduced by Senator Aquino
111, entitled:
“RESOLUTION
DIRECTING THE COMMITTEE ON LOCAL GOVERNMENT TO INVESTIGATE IN AID
OF LEGISLATION THE EXERCISE AND IMPLEMENTATION OF THE POWERS OF
LOCAL CHIEF EXECUTIVES UNDER REPUBLIC ACT 7160 OTHERWISE KNOWN
AS THE “LOCAL GOVERNMENT CODE OF 1991’’ IN RELATION TO REPUBLIC
ACT 6975 KNOWN AS THE “PHILIPPINE NATIONAL POLICE (PNP) LAW” AND
REPUBLIC ACT 8551 KNOWN AS “THE PNP REFORM AND REORGANIZATION
ACT OF 1998”
have considered the same and have the honor to submit the report on their investigation
back to the Senate recommending the adoption of the recommendations as contained
in this report and the approval of the attached bill, Senate Bill No. :: 78 , entitled:
:>
“AN ACT
AMENDING SECTION 51(a)(l), SECTION 51(a)(2), SECTION 51(b)(4)(i), AND
SECTION 52 OF REPUBLIC ACT NO. 6975, AS AMENDED BY REPUBLIC ACT NO.
8551, OTHERWISE KNOWN AS THE ‘DEPARTMENT OF THE INTERIOR AND
LOCAL GOVERNMENT ACT OF 1990’, AND FOR OTHER PURPOSES”
containing the recommendations of the committees.
1.
PREFATORY
Pursuant to the principle of local autonomy enshrined in the 1987 Philippine
Constitution, the Local Government Code vested the local government units, through its
local chief executives, with operational supervision and control over the police force
assigned to their respective jurisdictions. In recognition of this, R.A. No. 6975 (DILG Act
of 1990), as amended by R.A No, 8551, mandated that local chief executives shall be
deputized representatives of the National Police Commission (NAPOLCOM). As
deputized representatives of NAPOLCOM they are given the prerogative to select their
Committee Report on Proposed Senate Resolution No. 190
Page 2 of 2
own Provincial Police Director and Chief of Police from among a list of recommendees
prepared by the NAPOLCOM. However, just before and after the 2007 national and
local elections, conflicts arose between the local chief executives and the
NAPOLCOMlPNP as the local chief executives fervently demur the appointment of
Officer-In-Charge in their jurisdiction and the manner by which their selectees were
being summarily relieved from their assigned post without adequate consultation with
them.
The objective of this legislative investigation is to ascertain the actual facts
surrounding the controversy and to determine whether the removal of the Provincial
Police Director and the Chief of Police was consistent with R.A No. 6975 as amended
by R.A No. 8551 as these are all necessary to enable the Committees to study the
appropriateness of crafting the right legislation that may prevent the same conflict
between the NAPOLCOMlPNP and the local chief executives, which may compromise
the peace and order situation in the locality involved, from occurring again in the future.
In view of the foregoing, the Committee on Local Government and the Committee
on Public Order and Illegal Drugs conducted two joint public hearings held on 13
November 2007 and 27 May 2008. The said public hearing was held in aid of
legislation, to determine the exercise and implementation of the powers of local chief
executives under Republic Act No. 7160, otherwise known as the "Local Government
Code of 1991" in relation to Republic Act No. 6975 otherwise known as the "Department
of the Interior and Local Government" and Republic Act No. 8551 otherwise known as
the "The Philippine National Police Reform and Reorganization Act of 1998.
The joint public hearing was attended by the following as resource persons:
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Governor Joselito R. Mendoza, Province of Bulacan;
Mayor Arnulf Bryan Fuentebella, Municipality of Tigaon, Camarines Sur;
Mayor Quirino G. Boncayao Jr., Municipality of Baao, Camarines Sur;
Mayor Jesse M. Robredo, Naga City, Camarines Sur and Chairman, Naga City
Peace and Order Council;
Vice Mayor Gabriel H. Bordado Jr., Naga City, Camarines Sur and Vice
Chairman, Naga City Peace and Order Council;
PCSupt. Errol P. Pan, Regional Director, Philippine National Police - Region 111;
PSSupt. Asher Dolina, Provincial Director, Philippine National Police - Bulacan;
SP04 Elmer C. Pitallano;
SP03 Arthur Matos;
SP02 Francisco S. Destura;
SPOl Edgardo G. Sto. Domingo;
SPOl Edwin A. Azafies;
SPOl Ricardo Sierra Jr.;
PO2 Gilbert Guiriba;
PO2 Romeo T. Ranara;
PO2 Rey M. Alvarez;
PO2 Tomas G. Rentoy;
PO1 Rennie C. Ranara;
PSI Romeo Perez; and
PSI Nicacio Garcia
Mayor Fernando Simbulan of Nabua, Camarines Sur was represented by Mayor
Quirino G. Boncayao Jr. of Baao, Camarines Sur.
Committee Report on Proposed Senate Resolution No. 190
22.
23.
24.
25.
26.
Page 3 of 3
Police Director General Avelino I. Razon Jr. was represented by Police Director
Edgardo AcuAa of the PNP Directorate for Personnel and Records
Management.
Governor Eddie T. Panlilio, Province of Pampanga
P/Supt. Fidel Cimatu
P/Supt. Keith Ernald L. Sifigan
P/Supt. Alfredo Caballes
The following were also invited by the Committees but were not able to attend
the public hearing. However, they sent letters of regret to the Committees:
1.
2.
3.
4.
Most. Rev. Leonard0 2. Legaspi, O.P., D.D., Archbishop of Caceres - Already
had previous commitment on the same date.
Engr. Emeterio Aman, President of Metro Naga Chamber of Commerce and
Industry - Out of the country and cannot send any representative because the
Ambassador of South Africa will meet the other officers of Naga Chamber of
Commerce and Industry on the same date of the hearing.
PSSupt. Romeo Neri Tambungui, acting Provincial Director of PNP-Camarines
Sur - Cannot attend because he will also appear at the Sangguniang
Panlalawigan of Camarines Sur.
Police Senior Supt. Bailigi Agnanayon B. Tira, Officer-In-Charge of PNP-Region
5 - He requested that he be given time to diligently prepare a position paper on
the subject matter. The said position paper is yet to be submitted to the
Committees.
Also invited but were not able to attend the hearing were:
1.
2.
3.
4.
5.
6.
7.
8.
9.
II.
Secretary Ronaldo V. Pun0 of the Department of the Interior and Local
Government and chairman of the National Police Commission;
Governor Loreto Leo S. Ocampos, president of the League of Provinces of the
Philippines;
Mayor Benjamin C. Abalos Jr., president of the League of Cities of the
Philippines;
Mayor Ramon N. Guico Jr., president of the League of Municipalities of the
Philippines;
Governor Luis Raymund Villafuerte, Province of Camarines Sur;
PSSupt. Amor Y. Macoy, officer-in-charge of PNP-Naga City;
PSSupt. Benito Pamintuan Nifio, Chief of Police, PNP-Claveria, Masbate;
PO3 Norbert0 R. Genova Jr.; and
PO3 Raul S. Bongon.
ISSUES
During the public hearing, the following issues were raised:
1.
What is the authority of the local government unit insofar as the police is
concerned?
2.
Who has the authority to transfer, remove or re-assign an incumbent PNP
provincial police director or chief of police in a locality?
3.
What is the proper procedure and what is being practiced in the designation of a
provincial director and chief of police in a certain locality?
Committee Report on Proposed Senate Resolution No. 190
Page 4 of 4
4.
On what grounds may a provincial police director or a chief of police of a given
locality be relieved or removed from his designated post?
5.
Is the appointment of an Offficer-In-Charge allowed under the law? If so, on what
instance it is validly recognized?
6.
Is there a need to re-examine and amend Republic Act No 6975, otherwise
known as the "Department of the Interior and Local Government Act of 1990" and
Republic Act No. 8551, otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998"?
111.
'+
STATEMENT OF FACTS:
Statement of Mayor Jesse Robredo of Naga City, Camarines Sur:
> That the designation of Naga City's chief of police (COP) is irregular and illegal in
as much as the PNP Legal Services itself said it is illegal;
9
That he wrote Police Senior Supt. Balligi Agnanayon Tira, Officer-in-Charge
(OK) for PNP-Region V, and Police Senior Supt. Romeo Neri Tambungui, acting
Provincial Director for Camarines Sur, for a list of possible nominees for Naga City
COP. Only one of the five nominees given appeared in the Sanggunian. He then
requested for additional nominees to compelte the list. From the list he selected Police
Senior Supt. Benito Nitio, COP of Claveria, Masbate, however, according to the PNP
he is not qualified for the position;
b
That it has been two months, from the time that he requested for the list of
nominees and the time of the committee hearing, and no list of nominees has been
submitted to him. He believes that the PNP knows that an OIC can only stay in office for
thirty (30) days. The Naga City's OIC-COP has been in the office for four months now
and there is no indication of replacing him;
> That this problem in Naga City usually emanates when there is an election and
that there are certain police officers who are willing to be tools of politicians thus
resulting to partisan political activity within the police force;
9
That the Central Crame Headquarters and the Regional Command Headquarters
in Bicol does not seem to properly coordinate with each other because Police Director
Acutia mentioned to him that there were orders made by Camp Crame and by the court
to Col. Balligi Agnanayon Tira, OK-Regional director for PNP-Region V, but the latter
refused to comply.
+
Statement of Mayor Arnulf Bryan Fuentebella of Tigaon, Camarines Sur:
>
That Tigaon's former COP was relieved last August 13, 2007 in which Mayor
Fuentebella did not lodge any complaint;
That he was advised by Police Chief Supt. Ireno Bacolod, Deputy Director of
Directorate for Personnel and Records Management, to look for one in which he choose
Police Senior Supt. Herod Ubalde, acting Provincial Director for Albay;
9
Committee Report on Proposed Senate Resolution No. 190
Page 5 of 5
9
That on October 12, 2007, where there was an existing election ban for the
October 29, 2007 Barangay and Sangguniang Kabataan elections, he was given a new
COP who is not included in the list given by the PNP. In an apparent attempt to make
the designation appear to have been done outside the election ban the order for the
appointment of the new COP was ante-dated to 28 September 2007.
9
That on October 28, 2007, a day before the election, Tigaon’s deputy COP was
also relieved and a new COP was installed without proper consultation with him;
That Mayor Fuentebella is even puzzled because the signatory of the Order is
9
not the provincial director but rather the chief administrator of t h e provincial directorate.
.+:
Statement of Ms. Josefina Dela Cruz, former Governor of Bulacan:
P
That on October 2006, when she was then the governor of Bulacan, she
selected PS/Supt. Jesus Gatchalian to be the Bulacan Police Provincial Director from
among the 3 recommendees eligible for the said position. The said list of 3
recommendees was prepared and submitted by the Regional Director to the Office of
the Provincial Governor. PSlSupt Gatchalian officially assumed post not as a Provincial
Director but as an Officer-in-Charge.
%
That she later received a letter from then Chief PNP, General Oscar Calderon,
stating that it is the prerogative of the PNP to remove, transfer or re-assign an
incumbent PNP police officer to another locality;
9
That when she later wrote Gen. Calderon requesting that PSSupt. Gatchalian be
reinstalled as provincial director of Bulacan. She was however told by PSSupt.
Gatchalian that the PNP will wait for the new governor since she was on her way out as
governor of Bulacan;
9
That despite the fact that the election period was already then in force PSISupt.
Gatchalian was relieved from his post and was replaced by PS/Supt. Asher Dolina
although the latter was not even among the three (3) recommendees of the Regional
Director eligible for the Provincial Directorship.
.+
Statement of Governor Eddie T. Panlilio, Province of Pampanga:
That as early as 23 June 2007 Gov. Panlilio already communicated to Gen.
9
Calderon that Col. Binag is his choice as a new Provincial Director for Pampanga.
That on 15 August 2007 Regional Director Pan manifested that his choice to be
P
the Provincial Director of Pampanga is Colonel SiAgan.
That Gov. Panlilio insisted that the right to choose the Provincial Director belongs
%
to the Governor and not to the Regional Director.
P
That on 29 August 2007, NAPOLCOM issued Resolution No. 2007-339
containing the 1st of three nominees for the Provincial Director of Pampanga namely:
Colonel Dimabuyu, Colonel Binag and Colonel SiAgan.
9
That an undated memorandum from General AcuAa required the Regional
Director to transmit the list of nominees to the Governor for him to choose the new
Provincial Director for Pampanga.
Committee Report on Proposed Senate Resolution No. 190
Page 6 of 6
9
That on 10 September 2007 Gov.Panlilio manifested to General Pan that he is
choosing Col. Binag from among the list of recomendees stated in the memorandum to
be the new Provincial Director of Pampanga. Gov. Panlilio reiterated his request on 24
September 2007.
9
That on 27 September 2007 Regional Director Pan stated that the list of
nominees cannot be transmitted to Gov. Panlilio because Col. Binag is not a member of
the Police Regional Office 3 and that he is supporting the continued stay of Colonel
Sifigan as Provincial Director which under their policy should have a regular tenure of 2
years before being relieved. Regional Director Pan however did not give reason why
Col. Binag was included in the list of the recomendees if in the first place he is not a
member of Police Regional Office 3.
9
That on 4 October 2007 Gov. Panlilio elevated the matter to Gen. Avelino Razon,
Jr. and argued that his right to choose the Provincial Director of Pampanga must be
respected.
9
That on 28 April 2008 Gov. Panlilio was informed by Gen. Razon that as early as
27 October 2007, he had already appealed to the DlLG Secretary for the withdrawal of
the name of Col. Binag as he is needed in the national transformation program of the
PNP.
That on 28 April 2008 and 7 May 2008 Gov. Panlilio reiterated his plea to have
9
Col. Binag be appointed as the Provincial Director of Pampanga.
That on 13 May 2008 Gov. Panlilio received from Regional Director Pan the list
of nominees namely, Colonel Siiigan, Col. Salapong and Col. Campanilla. The name of
Col. Binag was already deleted from the list.
9
9
That as early as 23 June 2007 Gov. Panlilio with the support of 29 bishops
already appealed his case to the Office of the President
9
That for 11 months the Provincial Director of Pampanga is Colonel Sitigan who is
serving in an OIC capacity.
+
Statement of Police Director Edgardo Acufia of PNP Directorate for
Personnel and Records Management:
P
That in the exercise of certain powers by local executives, the policies of the
PNP are anchored on the provisions of Section 51 of Republic Act No. 6975. Said
section mandates the provincial governor to select from a list of three (3) eligibles
recommended by the PNP regional director for appointment as provincial director of a
certain province. Said section also mandates the city and municipal mayors to select
from a list of five (5) eligibles recommended by the PNP provincial director for
appointment as chief of police of that city or municipality;
9
That in the case of Naga City, the designation of the present OIC-chief of police
was borne during the incumbency of an OK-provincial director himself prior to the
selection. The national headquarters is only there to supervise the implementation of
such policies. It is now on the side of the provincial director to solve the problem of
submitting the five names of eligible officers for directorship of Naga City. The same is
true in the case of Tigaon, Camarines Sur only that this time the national headquarters
Committee Report on Proposed Senate Resolution No. 190
Page 7 of 7
intervened and directed the regional director to submit to the mayor the list of five
eligibles borne out of the report from the provincial director, Senior Supt. Tambungui;
9
That in the case of the Province of Bulacan, wherein Senior Supt. Gatchalian
was never designated nor appointed as provincial director, he was later on designated
as the Chief of Staff of the PNP Program Management Office. It has been the policy of
the PNP that when a police officer is already occupying a superior position, he should
not be relegated to a lower position in order not to ruin his career path.
9
That in the case of Bulacan, it has been made difficult with the cases filed by the
provincial government and that the national headquarters are now face with
complications to the selection of the three eligibles for endorsement to the concerned
governor;
That in the case of Senior Supt. Asher Dolina, his designation as provincial
9
director of PNP-Bulacan, was supported by COMELEC Resolution No. 831 8;
> That the movement of OlCs was the result arising from the election period
because there are certain provinces that were declared "hot spots" during the two
recent elections;
9
That the PNP is trying to resolve thisproblem through the Senior Officers
Placement and Promotions Board. This Board deliberates on who should be
recommended in reference to their qualifications for career-growth;
9
That as mandated by law, the mayor has an operational supervision over the
police units under a municipal or city police station through the chief of police. The
governor has an operational supervision over the police units under a provincial police
station through the provincial director. The direct management of the police is not
supposed to be exercised by the whole local executive but is through the provincial
director or the chief of police;
> That the PNP is observing the policy stated in Section 4 of NAPOLCOM
Memorandum Circular No. 93-013 with regard to the removal, transfer or re-assignment
of PNP incumbent director or chief of police;
That it is not the policy of the PNP to extend the designation of a police officer as
9
officer-in-charge;
P
That the national headquarters experienced some administrative problems that
caused the delay in the selection of the list of the recommendees for provincial director
and chief of police because of the two elections succeeding that took place in 2007.
9
That the PNP advocates the removal of the participation of the local chief
executives in the designation of Chief of Police and Provincial Director as it impedes the
Professionalization Agenda and Transformation Program of the PNP.
That there is no rule that requires a Provincial Director to be a member of the
9
Regional Office of a particular region where he is designated.
9
That there have been cases that after the list of nominees has been approved by
the NAPOLCOM the list is rescinded because the nominees refuse to be assigned in
Committee Report on Proposed Senate Resolution No. 190
Page 8 of 8
the area or are recalled because they are needed in other programs of the PNP or other
assignment.
IV. FINDINGS
What is the authority of the local government unit insofar as fhe police is
1.
concerned?
Section 28 of R.A No. 7160 otherwise known as "The Local Government Code of 1991"
states that the extent of the "operational supervision and control" of local chief
executives over the police force assigned in their territorial jurisdiction shall be governed
by the provisions of Republic Act No. 6975.
Under Republic Act No. 6975 (DILG Act of 1990), as amended by R.A No, 8551, local
chief executives are deputized representatives of the National Police Commission
(NAPOLCOM). As deputized representatives of the NAPOLCOM, local chief executives
shall have "operational supervision and control" over PNP units assigned at their
territorial jurisdiction and they shall also have the power to choose their provincial police
director and chief of police. The term "operational supervision and control" shall mean
the power to direct, superintend and oversee the day-to-day functions of police
investigation of crime, crime prevention activities, and traffic control in accordance with
the rules and regulations promulgated by the commission. It shall also include the
power to direct the employment and deployment of units or elements of the PNP,
through the station commander, to ensure public safety and effective mechanism of
peace and order within the locality."
Likewise, section 63 of R.A No. 8551 gives the local peace and order council, through
the mayor, authority to recommend the recall or reassignment of the chief of police
when, in its perception, the latter has been ineffective in combating crime or maintaning
peace and order in the city or municipality.
Who has the authority to transfer, remove or re-assign an incumbent PNP
2.
provincial police director or chief of police in a locality?
R.A No. 6975 provides that, the authority to transfer, remove or re-assign an incumbent
PNP provincial police director or chief of police in a province of city and munipality is
vested in the Chief of the Philippine National Police. Such authority however may be
delegated to subordinate officials in accordance with the rules and regulations
prescribed by the NAPOLCOM.
Section 26 of Republic Act No. 6975 states that "The command and direction of the
PNP shall be vested in the Chief of the PNP who shall have the power to direct and
control tactical as well as strategic movements, deployment, placement, utilization of the
PNP or any of its units and personnel, including its equipment, facilities and other
resources. Such command and direction of the Chief of the PNP may be delegated to
subordinate officials with respect to the units under their respective commands, in
accordance with the rules and regulations prescribed by the Commission. X x x "
Under R.A No. 6975, as amended by R.A No. 8551, this delegated authority to transfer,
remove or re-assign provincial police director and chief of police is exercised by the
regional police director insofar as it involves the provincial police director and the latter
with respect to chief of police.
3.
What is the proper procedure and what is being practiced in the
designation of a provincial director and chief of police in a certain locality?
In the designation of a provincial police director, R.A No. 6975, as amended by R.A No,
8551 and NAPOLCOM Memorandum Circular No. 2001-005, provides that,
the provincial governor shall choose the provincial police director from a list of three (3)
eligibles recommended by the PNP regional police director. The governor upon receipt
of the list of qualified eligibles has within ten (IO) days to select and signify in writing his
choice of provincial police director to the PNP regional director. In case of conflict
between the PNP regional director and the governor, either of them may refer the
matter to the NAPOLCOM regional director who shall resolve the matter within five (5)
days from receipt. The decision of the NAPOLCOM regional director shall be final and
executory unless appealed to the Commission en banc which shall resolve the matter
with finality.
In the designation of a chief of police, the same law and memorandum circular, provides
that, city and municipal mayors shall choose their respective chief of police from among
a list of five (5) eligibles recommended by the provincial police director. The
city/municipal mayor upon receipt of the list of qualified eligibles has within ten (IO) days
to select and signify in writing his choice of chief of police to the provincial police
director. Should the city/municipal mayor fail to choose within the ten-day period, the
provincial police director shall immediately issue an order of assignment in favor of
anyone in the list. In case of conflict between the provincial police director and the
citylmunicipal mayor, either of them may refer the matter to the NAPOLCOM regional
director who shall resolve the matter within five (5) days from receipt. The decision of
the NAPOLCOM regional director shall be final and executory unless appealed to the
Commission en banc which shall resolve the matter with finality.
From the testimonies of the resource speakers, the local chief executive and the PNP
representative, it appears that the procedure is not being followed. Not only are the
choices of the local chief executives not being honored by the PNP, the latter has been
appointing officers who are not in the list submitted of eligibles. Further, the local chief
executives also complain that even if their choices are appointed or designated, their
choices are being summarily recalled by the regional police director and the provincial
police director without proper consultation with them and the regional police director and
the provincial police director will simply appoint an OIC.
On what grounds may a provincial police director or chief of police of a
4.
given locality be relieved or removed from his post?
NAPOLCOM Memorandum Circular No. 2001-005 provides that Chief, PNP by himself
or through the regional director himself, may relieve for cause a duly designated
provincial police director upon consultation with the provincial governor. In the case of
chief of police, the provincial police director may relieve for cause a duly designated
Chief of Police upon consultation with the Mayor.
NAPOLCOM Memorandum Circular No. 93-013 states that such provincial police
director and chief of police may be transferred, removed and re-assigned without the
approval of the governor or the mayor. It states that while prior consultation with the
Committee Report on Proposed Senate Resolution No. 190
Page 10 of 10
local chief executive concerned in such personnel action is desirable and suggesed to
enhance mutual harmony and coordination, the same is not mandatory under R.A No.
6875, but merely discretionary on the part of the PNP, hence, may be effected before,
during or even after the decision process.
5.
Is the appointment of an OIC allowed under the law? If so, on what instance
it is validly recognized?
Yes. Under Section 63 of R.A No. 8551, an Officer-In-Charge may be designated
provided however that such designation shall not be more than thirty (30) days. The
provision however is not so explicit on the instances that may warrant appointment of an
OIC, it may be inferred however from the designation procedure stated in NAPOLCOM
Memorandum Circular No. 93-013 that OIC’s may be designated when the local chief
executives fail to choose a chief of police or a provincial police director from the list of
recommendees or when there is a disagreement between the local chief executives
over the the list of recommendees.
6.
Is there a need to re-examine and amend Republic Act No 6975, otherwise
known as the “Department of the Interior and Local Government Act of 1990” and
Republic Act No. 8551, otherwise known as the “Philippine National Police
Reform and Reorganization Act of 1998”?
Yes. Section 6 Article XVI of the 1987 Constitution clearly provides that the police force
is centrally administered and controlled by the NAPOLCOM and as stated in the local
government code, the extent of authority of local chief executives over police units
assigned in their area of jurisdiction is limited to “operational supervision and control”.
It appears from the investigation that both the NAPOLCOM and the local chief
executives perfectly understood the boundaries of their administration over the police
force as defined by law. Conflict arises in the unilateral manner, which local chief
executives view as unjustified and arbitrary, the NAPOLCOM and the PNP exercises its
prerogative to rotate and reshuffle the assignment of its officers sometimes to the
detriment of the stability of peace and order in the local government units.
V.
RECOMMENDATIONS:
1.
Provide clear guidelines on the appointment of an OIC. As stated in issue no. 5,
while R.A No. 8551 fixed the period of time over which an OIC may hold office, it did not
provided for a clear cut rules on what are the instances that may warrant the
appointment of an OIC. Also, state in clear and categorical language if extension for the
appointment of an OIC is allowed or not. The law did not state that extension of the 30
day period are allowed however, it also did not completely prohibit such extension.
Extension of the 30 day period within which an OIC may be designated has been openly
abused by the PNP and the NAPOLCOM as the investigation has uncovered that as of
14 November 2007 there are 19 Police Provincial Director and 3 City Chief of Police
who are serving in an OIC capacity.
2.
Napolcom Memorandum Circular 2001-005 provided the mechanism on how
conflict between the PNP Regional Director and the Governor and the PNP Provincial
Director and the Mayor over the appointment of the provincial director and the chief of
police may be resolved. In order to ensure that this procedure in conflict resolution shall
Page11 of11
Committee Report on Proposed Senate Resolution No. 190
be faithfully followed and the local chief executives sufficiently apprised of its rights in
case of conflict with the PNP. the same should be included in the PNP law itself.
3.
While the appointment and designation procedure is sufficiently provided for in
R.A Nos. 6975 and 8551 and in NAPOLCOM Memorandum Circulars No. 93-013 and
2001-005, the removal or exit procedure of the designated officers from their local
government post does not enjoy the same clarity as the procedure for appointment.
Thus, the removal and transfer of provincial police directors and chiefs of police are left
to the sole discretion of the PNP and the NAPOLCOM. To put an end to the seemingly
absolute discretionary authority of the PNP and the NAPOLCOM over the unilateral
transfer and removal of an incumbent provincial police director and chief of police, it is
recommended that 2 year tour of duty provided in the PNP manual be provided for and
incorporated in R.A No. 8551 in order that this rule have stability as opposed to merely
being under the PNP manual that may be changed from time to time by the PNP.
Providing a fixed tour of duty for the designated provincial police director and the chief
of police is not intended to limit the control of the PNP and the NAPOLCOM over the
police force, it is intended to harmonize the relations of the local chief executives and
the PNP and the NAPOLCOM to ensure that the peace and orde,; condition of the local
government units is at the core of this relationship. Also, prior’consultation with the
local chief executive concerned shall be made mandatory before any personnel action
is undertaken by the PNP and the NAPOLCOM. It is highly irregular that the local chief
executives are made part of the selection process of the chief of police and provincial
director but are deprived of any participation in the removal process.
Respectfully submitted:
A
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Chairmc
BENIGN^ SIIVIE~Nc. AQUINO 111
B. HONASAN II
Public Order and Illegal Drugs
Committee on Local Government
Vice - Chairman:
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FRANCIS “CHIZ” G. ESCUDERO
Committee on Local Government
Members:
2;/ /db-
EDGARDO J. ANGARA
ALAN
PETER
“COMPANERO” S. CAYE1
Committee on Local Government
Committee Report on Proposed Senate Resolution No. 190
Page 12 of 12
Committee on Local Government
/
MANUEL “LITO” M. LAPID
Committee on Public Order and Illegal Drugs
Committee on Public Order and Illegal Drugs
-.._.,_---.
Committee on Public Order and Illegal Drugs
Committee on Local Government
Committee on Public Order and Illegal Drugs
LOREN B. L
Committee on Local Government
on Local Government
__-Drugs
ANTONIO “SONNY” F. TRILLANES IV
Committee on Local Government
Drugs
on Public Order and Illegal Drugs
Committee on Local Government
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.
Ex-Officio Members:
JERCITO ESTRADA
AQUlLlNO Q. PIMENTEL JR.
Minority Leader
Hon. MANNY VILLAR
President
Senate of the Philippines
Pasay City
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FOURTEENTH CONGRESS OF THE REPUBLIC }
OF THE PHILIPPINES
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Second Regular Session
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SENATE
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Prepared by the Committees on Local Government
and on Public Order and Illegal Drugs
AN ACT
AMENDING SECTION 51(a)(l), SECTION 51(a)(2), SECTION 51(b)(4)(i), AND
SECTION 52 OF REPUBLIC ACT NO. 6975, AS AMENDED BY REPUBLIC ACT NO.
8551, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE INTERIOR AND
LOCAL GOVERNMENT ACT OF 1990", AND FOR OTHER PURPOSES
Be if enacted by the Senafe and fhe House of Representatives of the Philippines in
Congress assembled:
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SECTION 1. Section 51(a)(l) of Republic Act No. 6975, as amended by Republic Act
No. 8551, is hereby amended to read as follows:
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"(a) Provincial Governor - (1) Power to Choose fhe Provincial Direcfor.
The provincial governor shall choose the provincial director from a list of
three (3) eligible recommended by the PNP regional director. UPON DUE
RECEIPT BY THE GOVERNOR, THE LIST OF THREE (3) ELIGIBLES
SHALL NOT BE SUBJECT TO ANY AMENDMENT BY THE PNP
REGIONAL DIRECTOR. IN THE EVENT OF A DISAGREEMENT
BETWEEN THE GOVERNOR AND THE PNP REGIONAL DIRECTOR,
AN OFFICER-IN-CHARGE MAY BE DESIGNATED FOR A PERIOD OF
NOT MORE THAN THIRTY (30) DAYS EXTENDIBLE FOR ANOTHER
THIRTY (30) DAYS THEREAFTER, NO FURTHER EXTENSION OF THE
TERM SHALL BE ALLOWED: PROVIDED, FURTHER, THAT THE
PROVINCIAL PEACE AND ORDER COUNCIL MAY, THROUGH THE
GOV,ERNOR, RECOMMEND THE RECALL OR REASSIGNMENT OF
THE PROVINCIAL POLICE DIRECTOR WHEN, IN ITS PERCEPTION,
THE LATTER HAS BEEN INEFFECTIVE IN COMBATING CRIME OR
MAINTAINING PEACE AND ORDER IN THE PROVINCE: PROVIDED,
FINALLY, THAT SUCH RELIEF SHALL BE BASED ON DULY
ESTABLISHED
GUIDELINES
BY THE
NATIONAL
POLICE
COMMISSION (NAPOLCOM): PROVIDED, HOWEVER, THAT NO
RECAL OR REASSIGNMENT INITIATED BY THE PNP SHALL BE
EFFECTIVE WITHOUT CONSULTATION WITH THE GOVERNOR
CONCERNED.
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SEC. 2. A new sub-item after Section 51(a)(2) shall be incorporated to read as follows:
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"(3) IN CASE OF CONFLICT BETWEEN THE PNP REGIONAL
DIRECTOR AND THE PROVINCIAL GOVERNOR, EITHER OF THEM
MAY REFER THE MATTER TO THE NAPOLCOM REGIONAL
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DIRECTOR WHO SHALL RESOLVE THE MATTER WITHIN FIVE (5)
WORKING DAYS FROM RECEIPT THEREOF. THE DECISION OF THE
NAPOLCOM REGIONAL DIRECTOR SHALL BE FINAL AND
EXECUTORY UNLESS APPEALED TO THE COMMISSION EN BANC
WHICH SHALL RESOLVE THE MATTER WITH FINALITY AND ORDER
THE IMPLEMENTATION WITHIN TEN (IO) WORKING DAYS FROM
ACQUISITION OF JURISDICTION OVER THE ISSUE. A MOTION FOR
RECONSIDERATION/REVIEW OF THE EN BANC DECISION SHALL
NOT BE ALLOWED."
SEC.3. Section 51(b)(4)(i) of Republic Act No. 6975, as amended by Republic Act No.
8551, is hereby amended to read as follows:
"(4) Other Powers. In addition to the aforementioned powers, city and
municipal mayors shall have the following authority over the PNP units in
their respective jurisdictions:
"(i) Authority to choose the chief of police from a list of five (5) eligibles
recommended by the provincial police director, preferably from the same
province, city or municipality. UPON DUE RECEIPT BY THE CITY OR
MUNICIPAL MAYOR, THE LIST OF FIVE (5) ELIGIBLES SHALL NOT BE
SUBJECT TO ANY AMENDMENT BY THE PROVINCIAL POLICE
DIRECTOR. IN THE EVENT OF A DISAGREEMENT BETWEEN THE
CITY OR MUNICIPAL MAYOR AND THE PROVINCIAL POLICE
DIRECTOR, AN OFFICER-IN-CHARGE MAY BE DESIGNATED FOR A
PERIOD OF NOT MORE THAN THIRTY DAYS (30) EXTENDIBLE FOR
ANOTHER THIRTY (30) DAYS. THEREAFTER, NO FURTHER
EXTENSION OF THE TERM SHALL BE ALLOWED: PROVIDED,
FURTHER, THAT THE LOCAL PEACE AND ORDER COUNCIL MAY,
THROUGH THE CITY OR MUNICIPAL MAYOR, RECOMMEND THE
RECALL OR REASSIGNMENT OF THE CHIEF OF POLICE WHEN, IN
ITS PERCEPTION, THE LATTER HAS BEEN INEFFECTIVE IN
COMBATTING CRIME OR MAINTAINING PEACE AND ORDER IN THE
CITY OR MUNICIPALITY: PROVIDED, FINALLY, THAT SUCH RELIEF
SHALL BE BASED ON DULY ESTABLISHED GUIDELINES BY THE
NAPOLCOM: PROVIDED, HOWEVER, THAT NO RECALL OR
REASSIGNMENT INITIATED BY THE PNP SHALL BE EFFECTIVE
WITHOUT CONSULTATION WITH THE CITY OR MUNICIPAL MAYOR
CONCERNED;"
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SEC. 4. A new sub-item after Section 51(b)(4)(iii) shall be incorporated to read as
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follows:
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4)
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"(iv)IN CASE OF CONFLICT BETWEEN THE PNP REGIONAL
DIRECTOR AND THE MAYOR, EITHER OF THEM MAY REFER THE
MATTER TO THE NAPOLCOM REGIONAL DIRECTOR THROUGH THE
PNP REGIONAL DIRECTOR WHO SHALL RENDER A DECISION
WITHIN FIVE (5) WORKING DAYS FROM RECEIPT THEREOF. THE
DECISION OF THE NAPOLCOM REGIONAL DIRECTOR SHALL BE
FINAL UNLESS AN APPEAL IS SUBMITTED TO THE COMMISSION EN
BANC WHICH SHALL RESOLVE THE MATTER WITHIN TEN (IO)
WORKING DAYS FROM ACQUISITION OF JURISDICTION OVER THE
ISSUE. NO MOTION FOR RECONSlDERATlONlREVlEW OF THE EN
BANC DECISION SHALL BE ALLOWED."
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SECTION 5. Section 52 of Republic Act No. 6975, as amended by R.A No.
8551, is hereby amended to read as follows:
"SEC. 52. Suspension or Withdrawal of Deputation. - Unless reversed
by the President, the Commission may, after MANDATORY
consultation with the provincial governor and congressman concerned,
suspend or withdraw the deputation of any local executive for any of
the following grounds:
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"(a) Frequent unauthorized absences;
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"(b) Abuse of authority;
"(c) Providing material support to criminal elements; or
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"(d) Engaging in acts inimical to national security or which negate the
effectiveness of the peace and order campaign.
"Upon good cause shown, the President may, directly or through the
Commission, motu proprio restore such deputation withdrawn from any
local executive."
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SECTIONlb. A new section SECTION 53-A shall be incorporated after
Section 53 to read as follows:
"SECTION 53-A. TERM OF OFFICE OF CHIEF OF POLICE AND
PROVINCIAL POLICE DIRECTOR - A DULY SELECTED CHIEF OF
POLICE AND PROVINCIAL DIRECTOR SHALL HAVE A FIXED
TOUR OF DUTY OF TWO (2) YEARS WITHOUT RE-APPOINTMENT
OR TERM EXTENSION BUT WITHOUT PREJUDICE TO EARLY
REMOVAL OR TRANSFER OF ASSIGNMENT PURSUANT TO THE
PROVISION OF SECTION 51 (a) (1) and (b) (4) (i)."
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SECTION 3. Separability Clause. - If any provision of this Act shall be declared
unconstitutional, any other provision not affected thereby shall remain in full force
and effect.
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SECTION $. Repealing Clause. - All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or
amended accordingly.
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SECTION
€ffecfjvity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
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Approved,
Chairman
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